It is considered necessary to amend the Karnataka Irrigation (Levy of Betterment

Contribution and Water Rates) Act, 1957, to enable the Cauvery Neeravari Nigam Ltd., to levy and collect water rates for the water supplied or made available from an irrigation network in any area or areas by the Nigam. Hence the Bill. [L.A. Bill No. 15 of 2010, File No.DPAL 23 Shasana 2008] [Entry 17 and 18 of List II of the Seventh Schedule to the Constitution of India.]

• • - - - 1[KARNATAKA] ACT No. 28 OF 1957 (First published in the 1[Karnataka Gazette] on the Thirty-first day of October, 1957.) THE 1[KARNATAKA] IRRIGATION (LEVY OF BETTERMENT CONTRIBUTION AND WATER RATE) ACT, 1957. (Received the assent of the Governor on the Twenty-fourth day of October, 1957.) (As amended by Karnataka Act 23 of 1961, 8 of 1964, 18 of 1965, 13 of 1966, 16 of 1968, 29 of 1974, 16 of 1995, 21 of 1995, 24 of 2000, 8 of 2002, 9 of 2002 and 29 of 2010) An Act to consolidate and amend the laws providing for the levy of betterment contribution and water rate in the 1[State of Karnataka] . W HEREAS it is expedient to consolidate and amend the laws relating to the levy of betterment contribution and water rate in the 1[State of Karnataka] ; B E it enacted by the 1[Karnataka State] Legislature in the Eighth year of the Republic of India as follows:— 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973 1. Short title and extent.- (1) This Act may be called the 1[Karnataka] Irrigation (Levy of Betterment Contribution and Water Rate) Act, 1957. 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973

1. (2) It extends to the whole of the 1[State of Karnataka] . 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973
2. (3) It shall come into force on such 1[date] as the Government may by a notification appoint. 1. This Act has come into force w.e.f. 1.9.1960 by Notification. Text of the Notification is at the end of the Act.

2. Definitions.- (1) In this Act, unless the context otherwise requires,—

¹ Substituted by Act 23 of 1961 w.e.f. 16.11.1961.

1[(a) ‘Deputy Commissioner’ means the Deputy Commissioner of a District or such other officer not below the rank of an Assistant Commissioner as the Government may appoint to discharge the functions of the Deputy Commissioner under this Act;]

1[(b) ‘Betterment Levy Officer’ means such officer as the Government may appoint to be the Betterment Levy Officer in respect of any area or irrigation work;

1. (ba) ‘contribution’ means the tax payable as 2[betterment contribution] under sections 3 and 4;]
2. (c) ‘drainage work’ includes,—
   • (i) channels, whether natural or artificial, for the discharge of waste or surplus water and all works connected with and auxiliary to such channels;
   • (ii) the escape channels from an irrigation work;
   • (iii) dams, weirs, embankments, sluices and groynes;
   • (iv) all works for the protection of lands from floods or from erosion, which are owned or controlled by the Government, but does not include works for the removal of sewage;
3. (d) ‘Government’ means the State Government;
4. (e) ‘irrigation work’ includes,—
   • (i) all canals, channels, tanks, wells, reservoirs, anicuts, bandharas, ponds, spring ponds, kuntas, talapariges and madugus used for the supply or storage of water, and all works, embankments and structures, installations, including the installation of a pumping set, supply and escape channels connected therewith or auxiliary thereto which are owned or controlled by the Government.
   • (ii) all such lakes and other natural collections of water or parts thereof as are situated on lands which are the property of the Government;
   • (iii) all natural waterways, rivers and streams or parts thereof;
5. (f) ‘landholder’ or ‘holder’ signifies the person in whom a right to hold land is vested, whether solely on his own account, or wholly or partly in trust for another person or for a class of persons or for the public; and includes a mortgagee vested with a right to possession: Provided that in respect of any land in the possession of a walawargadar, a kayamgenidar, a permanent tenant or a mulgeni tenant in the South Kanara District, such walawargadar, kayamgenidar, permanent tenant or mulgeni tenant, as the case may be, shall be deemed to be the landholder in respect of such land; 1[(fa), (fb), (fc) x x x]
6. (g) ‘notification’ means a notification published in the Official Gazette;
7. (h) ‘prescribed’ means prescribed by rules made under this Act; 1[(ha) ‘prescribed officer’ means the officer specified in rules made under this Act and different officers may be specified for different areas, irrigation works or purposes;]
   • (i) ‘work’ means an irrigation or drainage work whether completed or not. 1[(2) x x x]

¹ Substituted by Act 8 of 1964 w.e.f. 31.10.1957.

² Substituted by Act 13 of 1966 w.e.f. 1.9.1960.

¹ Omitted by Act 13 of 1966 w.e.f. 1.9.1960.

¹ Inserted by Act 8 of 1964 w.e.f. 31.10.1957.

¹ Omitted by Act 23 of 1961 w.e.f. 16.11.1961.